Uncontested Divorce Forms

Written by Helen Glenn Court
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Uncontested divorce forms are used when both spouses want to divorce and agree that neither is any more at fault than the other for the marriage having failed. This kind of divorce is now by far the most common. Traditional divorce was based on one party being to blame. If you're confused about where to get the forms you need, try searching for an online legal database. Many times, you can find all the forms in one place, with a knowledgeable staff behind them to help answer any of your questions.

Information in Uncontested Divorce Forms

Uncontested divorce at its simplest is between a married couple with no children, no shared real property, and no shared debt. Let us assume that residency requirements are met. Let us assume that we are in one of the three states that requires no period of separation before divorce.

In this situation there can be as few as five uncontested divorce forms: a petition for divorce, an acceptance of service, a summons, a separation agreement, and a final decree of divorce. Life is rarely that simple, however. If the state calls for a period of legal separation--from 90 days to two years--before divorce, there are forms for that as well. If the husband and wife share real property, the list of uncontested divorce forms suddenly turns into a page-long list that includes financial affidavits, income and expense statements, statements of assets and debts, property agreements, and so on. If debts come into play, all the forms that apply to real property multiply by two.

There may be children to think about, too. Those children may still be underage. If so, yet another set of papers falls on top of the first round of uncontested divorce forms. These include the marriage separation agreement that precedes the petition for divorce and adds to the list of clauses on real property and debt specifics on child custody. These also include custody and visitation rulings. They may also include name changes.


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